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Loyola University Chicago

Registrar

School of Law

Antitrust and Consumer Law

As the importance of consumer and antitrust law grows, the Institute for Consumer Antitrust Studies readies today's lawyers for the challenges of tomorrow with a deep and broad curriculum, externship opportunities, and a unique Student Fellowship Program for JD and graduate students at Loyola University Chicago School of Law.

This course treats in depth many aspects of the Sherman and Clayton Acts. Emphasis is placed on an understanding of the policies and objectives underlying the antitrust laws and the extent to which enforcement of the antitrust laws has fulfilled those objectives. Areas examined include monopolies, price fixing, division of markets, exclusive dealing arrangements, boycotts, resale price maintenance, and mergers. Recent trends in sports and health care industry antitrust cases may be discussed. The impact of economic analysis in the antitrust area is also examined. (Sennett, Waller)

This course will cover the full range of antitrust issues affecting the activities of all participants in the healthcare field, including different types of healthcare service providers (hospitals, physicians, and ancillary service providers), payors (government and commercial), and suppliers of products to providers and their patients.  Following an introduction to the antitrust laws generally, the course will specifically address the competitive issues posed by mergers and joint ventures involving competing healthcare providers or payors, the formation and operation of provider networks (including Accountable Care Organizations) and managed care contracting, the activities of trade associations and group purchasing organizations, medical staff privileges and credentialing, single firm conduct, and specific statutory provisions (e.g., Robinson-Patman Act), exemptions and immunities.

This seminar focuses on the interface between Intellectual Property (IP) and antitrust law. Patents, copyrights and trademarks and other IP regimes confer exclusionary rights. Exclusive rights provide incentives and serve other ends, but their exercise can also impede competition distort otherwise competitive markets. This seminar will address the intersection of IP and Antitrust with respect to issues such as standard setting, licensing, corporate strategy, product design, efforts to increase market share and mergers and acquisitions.

Prerequisite: Intellectual Property, Copyright or Antitrust Law or instructor permission

The course surveys consumer law from a transactional perspective, beginning with issues of deception, including false advertising, related to consumer purchases. There is coverage of the law of consumer credit, including issues of discrimination, overpriced credit and deceptive credit practices, and standard form contracts of adhesion and recent Supreme Court rulings covering binding arbitration and class actions. Consumer remedies and special issues of consumer fraud on the Internet complete course coverage. The course is especially recommended for students interested in public interest law. (Amato)

Skills
The course will cover the elements necessary to implement a basic compliance and ethics program in a company. Students will become familiar with the basic principles of the Federal Sentencing Guidelines that define an "effective" compliance program. Students will learn the fundamentals of the job of Chief Compliance Officer by working with compliance issues in the media, commercially available compliance training programs and compliance techniques used in major corporations.

The emergence of the Internet and digital technologies that enhance human abilities to access, store, manipulate, and transmit information has brought with it a host of new legal issues that lawyers preparing to practice in the 21st century will need to understand and address. This survey course will introduce and explore specific problems in applying law to issues arising on the Internet. Topics expected to be covered include the bounds of jurisdiction, privacy, governance and regulation, online commercial transactions, content protection (through intellectual property, contract, and technological means), and cybercrime. There are no prerequisites. Grades for the course will be based on a take home exam and class participation. (Das)

Skills

The course is an introduction to the law of intellectual property. This course is a pre-requisite for advanced courses in IP, but also a good survey of the area for students interested in pursing other legal careers. The focus of the course is on understanding the distinctions and similarities between the various aspects of intellectual property law. The predominate focus on the course is on trademark, patent and copyright law (in about equal proportions), with some attention also devoted to the law of trade secrets. No technical background is expected or required. (Donoghue, Frischmann, Ho)

This a unique course offered once a year to a select group of students from Loyola and Chicago-Kent. Enrolled students read and discuss draft articles of nationally renowned professors in the field of intellectual property; the articles are typically draft law review articles. The discussions are focused on helping the professors to refine and improve their articles, such that a strong foundation of intellectual property is expected, even though there is no official pre-requisite. This course meets every week, but the students only meet in person roughly half the time, with the other half of the sessions done by videoconference. Three of the in-person classes will be at Chicago-Kent; for those days, the class will begin at 4:10 pm and end by 5:50pm to allow students adequate travel time. There is no final exam or research project required for this class. Instead, students are required to attend and actively participate in all classes. Students are selected based on an application that is available at www.chicagoip.com.

Perspective Elective

This seminar will begin with a brief baseline description of some of the most significant features of United States labor and employment law. Comparative materials will then cover the basic employment laws of Canada and Mexico. We will then look at the regional regime established in the NAFTA labor side accords. Next we will move to Europe to study the employment laws of the United Kingdom, Germany and France, followed by the regional employment laws generated by the European Union. Following that, we will look at the employment laws of Japan, China and India. The final focus of the seminar will be on International labor law, particularly the International Labor Organization. (Zimmer)

Perspective Elective

An introduction to the legal aspects of international business. The course emphasizes the legal problems associated with international trade in goods and foreign direct investment, and covers regulation at the private, national, and international levels, and also may include an extended treatment of international litigation problems and/or the role of the multinational enterprise in world business. (Haney, Heard, Moses, Walker)

This course is designed to familiarize the students with the regulatory system of international trade. Through the materials discussed in the course, focusing on the case law and jurisprudence of the WTO/GATT, the course is aimed at understanding the institutional framework of that system and the ways in which it functions. In addition the course deals with a large number of substantive issues on the international trade agenda. 

While the course is focused on legal theory and doctrine of international trade, we will approach each and every topic from economic and social perspectives. Thus, the course is designed to follow a truly interdisciplinary tour of the relevant subject-matter. 

The issues covered in the course include: Theory and Policy of International Trade; The Legal Structure of the GATT/WTO System; Dispute Settlement; The Most-Favored-Nation (MFN) Principle; Multilateralism and Regionalism; The National Treatment Clause; Escape Clauses and Safeguards; Article XX Exceptions and whether they include human rights rationales for deviating from otherwise binding obligations; Dumping and Antidumping Law; Subsidies and Countervailing Duties; Trade and Intellectual Property Rights: the TRIPS Agreement and access to essential medicines in particular; Trade in Services: the GATS; Trade and the environment; as well as Trade and development.  (Gathii)

This course focuses on the application of economic principles to legal analysis. The course provides an introduction to basic economic principles and math concepts. (Langenfeld, Ramirez)

Experiential Learning

Skills

This course will introduce students to the issues that arise in merger and acquisition transactions. Students will study the legal framework within which m&a transactions and the negotiation and documentation of such transactions take place. Students will analyze the considerations involved in selecting various structural alternatives for m&a transactions, examine the dynamics of the m&a transaction negotiation process, investigate the various stages of m&a transactions and focus on the lawyer’s role in adding value to such transactions. Students will also have the opportunity to study, evaluate, draft and/or negotiate various types of documents that are commonly encountered in m&a transactions (such as, confidentiality agreements, employee retention agreements, investment banker engagement letters, letters of intent and purchase and sale agreements). There will be a take-home final examination. Students taking this class would benefit by having previously taken Business Organizations and Securities Regulation; these classes are not, however, required to take the course. (Slaughter)

Bar

Perspective Elective

This seminar will cover the fundamentals of products liability law and the complex evidentiary issues and strategy choices that lawyers face in products litigation. It will also address the effectiveness of the tort system to deal with injuries caused by products, the impact of tort reform on the evolution of products law, and the influence of political processes on product regulation. The course will meet for two hours each week. Students may submit a paper for an additional hour of credit. The grade for the course will be determined by a two hour examination.

Perspective Elective

An introduction to the legal aspects of international business. The course emphasizes the legal problems associated with international trade in goods and foreign direct investment, and covers regulation at the private, national, and international levels, and also may include an extended treatment of international litigation problems and/or the role of the multinational enterprise in world business. (Heard, Moses, Walker)

Loyola

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